Private road plowing debated

Wednesday

Oct 7, 2015 at 2:55 PMOct 7, 2015 at 2:55 PM

Herb Perryyccs@seacoastonline.com

OGUNQUIT — In consultation with selectmen, the town road commissioner will now decide which of 16 private roads the town currently plows would continue to enjoy the privilege, while also establishing a process for residents of other private roads to apply for the same service.

At Tuesday’s Select Board meeting, Town Manager Tom Fortier informed the Select Board of the history and legality of, and policy options for, plowing the town’s approximately 130 private roads. The Department of Public Works now plows 16 of them, and residents of other private roads have questioned the fairness of being excluded from this service.

Selectmen grappled with a range of issues associated with the future of the private road plowing policy. They included complying with state law; providing equity for all residents; determining town responsibilities and protecting it from exposure to potential lawsuits; the advantages of neighborhood associations and their need for liability insurance; and the responsibilities of residents of private roads.

A Stonybrook Drive resident whose private road is not being plowed brought the issue to selectmen in September

Fortier serves as the town road commissioner. He consulted with several experts on the issue, receiving contradictory advice. He was sure, however, that it is illegal to use public money to plow private roads.

“We don’t plow private roads,” he said. But if a private road’s status can be transformed into a “public easement,” the town can decide to plow it, Fortier said. A public easement shields town from liability; otherwise, the town or a plow operator could be sued.

Four criteria must be met for the town to plow a road currently categorized as private: a road must become a recorded public easement; it must pass standards of winter maintenance and be approved by the road commissioner; the policy itself must be approved in an annual town vote because public funds would be expended; and residents of a private road must sign a hold harmless agreement and indemnity agreement with the town.

Residents strode to the lectern to express opinions about the policy. Rusty Hayes, who lives on Cedar Lane, asked Fortier what the options are for residents of a private road who have not formed a neighborhood association. He also asked for help for year-round residents of private roads that have many seasonal residents and who might not be able to pay for their road being plowed.

He referred to the plowing of the road upon which his summer home sits in northern Maine as an example. “We’d be in quite a predicament if we were burdened to have to pay for this at the last minute,” he said.

Leslie Matthews, 13 High Ridge Lane, noted that the town started plowing past her home because an elderly disabled man lives down the street, and now more people live even farther down the dirt road. She asked what would happen in an emergency if the town stops plowing where these people live.

Selectmen Bob Winn raised another issue of fairness. There are numerous residents who live in town. He asked what services they receive.

“As a town, we spend huge money on tourism. … What can the town do for these residents? How can we help them? What do we do with these people? What do we do for them? … It’s a large question. What can we do?”

Selectman Gary Latulippe said his two main points were no exposure to liability for taxpayers and fairness.

“It is patently unfair to consider these 16 roads but not the others,” he said, adding, “If we’re going to do it, we do it.”

But he also suggested the town must get out of the private road plowing business until it can figure out the policy.

“If we’re going to do this, we’ve got to do this right. We’ve got to do this fair,” he said, adding, “I think it gets vetted and then goes to the voters. … We’re putting ourselves at financial risk if we don’t stop the practice.”

“Let’s get out of the private-road-plowing business until we get our ducks in a row,” he said.

Fortier suggested that residents ensure their private roads get plowed by becoming an “accepted street,” a higher standard than a public easement. An accepted street must receive Select Board and Town Warrant approval. And it must meet certain state criteria.

“If you want us to plow your road,” he said, “have it accepted.”

Before winter sets in, Fortier will review the condition of the 16 private roads now being plowed. He warned that only seven or eight of them may pass muster and that the other half “don’t have a chance.”

Residents of other private roads may petition Fortier, as road commissioner, to have their roads become a “public easement,” but in all probability, he cannot confer that status — with Select Board review — before the start of the upcoming winter season.

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